Sleep Positioner Lawsuit | 2026 Latest Updates

Infant sleep positioners can suffocate babies, the CPSC and FDA warned in 2010. Both agencies told parents to stop using these products, which are meant to help position an infant.

CPSC has received reports of 79 infant deaths and 124 injuries tied to infant support cushions, which include sleep positioners. A mandatory rule took effect May 5, 2025 to address suffocation, entrapment and fall risks.

No sleep positioner lawsuit, class action or MDL has been filed. No recall names them either. A regulator warning or rule is not a finding of liability. Most reported injuries and deaths involved infants younger than 3 months old.

Latest Sleep Positioner Lawsuit Updates

August 17, 2026: CPSC Meets with Goldbug on Request to Change Rule

The CPSC‘s Office of the General Counsel met with Gold, Inc. d/b/a Goldbug on August 17, 2026. Goldbug asked to amend the rule, 16 C.F.R. part 1243, to exempt certain head supports [1].

May 5, 2025: Infant Support Cushions Rule Takes Effect

The CPSC’s mandatory rule for infant support cushions took effect on May 5, 2025, according to the Federal Register [2]. Its scope lists infant sleep positioners, anti-rollover pillows and wedge pillows for infants.

Sleep positioners are included unless the FDA regulates them as medical devices. The rule also covers infant loungers, crib pillows and tummy time pillows.

November 4, 2024: CPSC Publishes Final Infant Support Cushions Rule

The CPSC’s final rule for infant support cushions, 16 C.F.R. part 1243, was published in the Federal Register on November 4, 2024. The Commission approved it by a 5 to 0 vote, according to the CPSC release [3].

The notice is numbered 89 FR 87467 and sets out the rule’s scope, requirements and effective date for infant support cushions, including sleep positioners.

November 29, 2023: CPSC Votes 4-0 to Advance Proposed Rule

On November 29, 2023, the CPSC voted 4-0 to advance a proposal, NBC News reported [4]. It would set the first federal safety requirements for infant loungers and other infant support cushions.

The vote adopted the recommendations that agency staff put forward earlier that month, and the 4-0 result moved the proposal forward.

September 29, 2010: CPSC and FDA Warn Parents About Sleep Positioners

On September 29, 2010, the CPSC and FDA jointly warned parents to stop using infant sleep positioners, saying the products can suffocate babies. A Reuters report carried by NBC News described the warning [5].

CPSC Chairman Inez Tenenbaum made the announcement. Officials had received 12 reports of infants who suffocated because of the products in the previous 13 years.

What Are Infant Sleep Positioners?

According to the U.S. Consumer Product Safety Commission, infant positioners are products “intended to help keep an infant in a particular position while supine or prone.” The CPSC FAQ calls them a type of infant support cushion [6].

Other names include anti-roll pillows. Both the 2010 CPSC and FDA warning and the 2024 CPSC rule name infant sleep positioners directly.

Who May Be Affected?

Caregivers of infants who used a sleep positioner, wedge pillow, anti-roll pillow or other infant support cushion for sleep or naps may be affected. Most infants who died or were hurt were younger than 3 months old.

The CPSC release says most deaths involved the cushion being used in or on a sleep product. These sleep products include:

• An adult bed or mattress used for the baby’s sleep or nap
• A bassinet, crib or play yard
• A couch, futon or toddler bed

Whether a family has a claim depends on the individual facts, so a legal review is the way to find out.

Reported Injuries or Damages

CPSC’s release on the final rule reports 124 injuries and 79 infant deaths between 2010 and 2022 associated with infant support cushions. These are regulator reports, not court findings.

Data in the Federal Register notice tie 10 fatal and 13 nonfatal incidents to sleep positioners. The notice also says infants can suffocate when wedges, sleep positioners and anti-rollover pillows conform to an infant’s face.

In 2010, the FDA said it had approved about 18 sleep positioning products, none to make SIDS claims. The FDA’s Joshua Sharfstein said the modest evidence of benefit does not outweigh the risk.

Recall and Regulatory Background

CPSC’s mandatory rule now covers infant sleep positioners. It requires that those made for sale after the effective date meet firmness and sidewall angle requirements.

They must also have a maximum incline of 10 degrees, carry no restraints and bear warnings printed on the product.

Evidence to Preserve

Keep these items if a baby was hurt or died while using a sleep positioner or similar cushion:

• The sleep positioner or cushion itself, with its label, model name and tracking label
• Packaging and purchase records or receipts
• Photographs of the product and of where the baby was placed
• Medical, hospital and autopsy records
• Any report made to CPSC at SaferProducts.gov
• Messages with the seller or maker

Photographs of the sleep space can show what the baby lay on. NICHD describes a safe sleep environment as firm, flat and level. It adds that the baby should be covered only with a fitted sheet [7].

Filing Deadlines

Filing deadlines come from state law and vary with where you live and when the injury or death happened. Ask a lawyer promptly, since missing a deadline can end a claim even when the facts are strong.

Frequently Asked Questions

Are Sleep Positioners Banned?

Sleep positioners are not banned under the CPSC rule. The rule sets requirements for infant support cushions rather than banning them, and it does not amend the existing infant pillow ban.

What Does the Research Say About Sleep Positioner Deaths?

Research on sleep positioner deaths comes from NICHD, which says research shows babies who sleep on top of soft surfaces or with items are at higher risk of SIDS and other sleep-related death. That is why it advises a firm, flat sleep surface.

What Should I Do If My Baby Falls Asleep on a Cushion?

If a baby falls asleep on a cushion, CPSC says to move the baby to a safe sleep surface right away. It calls the safest place for a baby to sleep a flat, bare surface dedicated to the infant.

Can I Report an Unsafe Sleep Positioner to the CPSC?

Yes, you can report an unsafe sleep positioner to the CPSC at SaferProducts.gov or by calling 800-638-2772. Keep a copy of the report with the product, your receipts and any medical records.

References

1. https://www.cpsc.gov/Newsroom/Public-Calendar/2026-08-17-150000/Meeting-with-Gold-Inc-dba-Goldbug-concerning-their-request-to-amend-infant-support-cushions-rule-to-exempt-certain-head-supports
2. https://www.federalregister.gov/d/2024-25181
3. https://www.cpsc.gov/Newsroom/News-Releases/2025/CPSC-Approves-New-Federal-Safety-Standard-for-Infant-Support-Cushions-to-Prevent-Infant-Deaths-and-Serious-Injuries
4. https://www.nbcnews.com/news/us-news/federal-agency-proposes-major-redesign-infant-loungers-prevent-deaths-rcna126044
5. https://www.nbcnews.com/news/amp/wbna39424666
6. https://www.cpsc.gov/FAQ/Infant-Support-Cushions
7. https://safetosleep.nichd.nih.gov/reduce-risk/safe-sleep-environment